Loading...
HomeMy WebLinkAboutContracts & Agreements_6-2016_CCv0001.pdf AGREEMENT FOR CITRUS FARMING SERVICES This agreement for the provision of citrus care, harvest and maintenance ("Agreement") is made and entered in this 19th day of January, 2016 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Larry Jacinto Farming, Inc. ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE 1 —ENG NT OF CONTRACTOR 1.1 City hereby engages Contractor to perform citrus farming services for the City's fifteen (15)individual citrus groves located at various sites throughout the City of Redlands (the "Services"). 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2—SERVICES OF CONTRACTOR 2.1 The farming services which Contractor shall perform are more particularly described in Contractor's proposal and the Contract Documents for City's "Care, Maintenance and Harvest of the City owned Citrus Groves"project ("Services") which are attached hereto as Exhibit "A,"and incorporated herein by this reference. 2.2 Contractor shall perform additional services necessary for the replanting of eleven (11) lower acres of Prospect Park citrus grove. The scope of services for the replanting include the removal of the existing citrus trees, disking the soil, planting of 1,400 new trees, and installing a new and more efficient irrigation system for the additional sum of $170,000. 2.3 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to State prevailing wage laws. ARTICLE 3—RESPON SOF CITY 3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 3.2 City designates Chris Boatman, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. 1 l\svriWcpt%cmolcaWjm\AgmcnunlsVaM jacinto fuming agreement i ig wdoc ARTICLE 4—EgUORMANCE OF SERVICES 4.1 The Services shall commence within ten (10) days of the Effective Date of this Agreement. 42 The initial contract agreement period will be for two (2) years. The City will have an option to extend services for up to one(1)additional year extension. 4.3 During the term of this Agreement, City may request that Contractor perform Extra Services. As used herein, "Extra Services" means any work that is determined necessary by City for the proper completion of the Services, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Services do not exceed twenty percent(20%) of the compensation to be paid by City to Contractor for the Services, such Extra Services may be agreed to by City designee in accordance with Chapter 2.16 of the Redlands Municipal Code. Contractor shall not perform, nor be compensated for, Extra Services without such written authorization from City. ARTLCLE 5—PAYMENTS TO CONTRACTOR 5.1 The compensation for Contractor's performance of the Services shall not exceed the amount of Eight Hundred Ninety Thousand, Seventy Seven Dollars and Fifty Cents ($890,077.50)for citrus care, harvest and maintenance as specified in Exhibit "A" for the term of this Agreement. 5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Contractor no tater than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i)on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: 2 llsvrlWcpl%cmoicalljm%Agmcmentsyatryr jacinlo fern insnsmcmcnt I.14.16.doc City Contracto Chris Boatman Lary Jacinto Quality of Life Director President City of Redlands Larry Jacinto Farming,Inc. 35 Cajon Street, Suite 222 955 Wabash Ave. P.O.Box 3005(mailing) Redlands, CA 92374 Redlands,CA 92373 ARTICLE 6—INSURANCE AND INDEMNIFICATION 6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. 6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carver acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California. Consultant shall provide City with Exhibit "B," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference. 6.3 Contractor shall secure and maintain comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars($2,000,000) aggregate for public liability, property damage and personal injury is required.City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Contractor shall have business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000)per occurrence,combined single limit bodily injury liability and property damage liability.This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. 6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers,employees and agents in performing the Services. %UvrFWcPtkmokaWjmLAgtccnxntsMasyr jacinio rmwngasmcmani 1.19.16doc ARTICLE 7—CONFLICTS OF IN. REST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification,approval,order or similar authorization or entitlement; (iii) authorize the City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party,or to the specifications for such a contract; (v) grant City approval to a plan,design, report, study or similar item; (vi) adopt or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ABJICLE L—GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party, 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Contractor in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall 4 %lsvrl%&pt4cmal=WjmMgt=mnullwy jaeinto farming aW=cnt 1 19 l5doc be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees,except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City; provided, however, this Agreement may be terminated by City, in its sole discretion, by providing not less than ten(10)days prior written notice to Contractor of City's intent to terminate; this Agreement may be terminated by Contractor by providing not less than six (6) months prior written notice to City of Contractor's intent to terminate. 8.6 If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.7 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 8.8 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations,written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 1StvrlWtpilcmoka4ljmtAgsemeatsUsrry jacinta farming agnxmcm 119.16.doc 8.4 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5 %ktvr1Wcpttkmo%cakljm%Ag=mcntsUa"jscieto fariwas ap=mcm 1.1916 cloc IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS LARRY JACINTO FARMING C. By: T ` By: Paul W.Foster,Mayor rry Jacin ,P silent ATTEST: . a Sam Lwin,City Jerk 7 %VvrlVkptkm %coldjmlAgmemantsUarry jacinto farming ogmmem 1.19 15 doc EXHIBIT A 810 PRICE SHEETS RFS GOL12212015KG REAOVERME—Citrus fanning Maintenance and Harvest at City Owned Citrus Craves Exhibit A—Base Bid Price Sheat Lump Sum Bid Amount is to Include all Services Listed Below for Each Grove,Per Year General Actly •Includes all Materfats NON- AFano Management I Packing House SekmWn and Administrative Management B General Labor J Brown Rol/Frost ConlmllACP C lnii alion K Had In and Topping O Preme a Weed S ra ' L U&Spraying ra E ftot Seray SeraHerbicide M I Hand R' F I Rodent Control N I Cherrilgation Labor G 6rusii ChooftI Tree Skirtln H Commercial Fertilizer Approx. Annual Grove Name Acres Type of Citrus Maintenance Lump Sum Amount: 1 California 1-10 Grove 5.35 Valencia Oranges $ 10mb2oso 2 GroveNevada/Palmetto 4.1 Valencia Oranges $ Grove 3 Fifth Street Grove 10.64 Naval Oranges $ 201-1 y ray.cp 4 Granite Grove 2.66 2.1 Acres of Valencia Oranges .5 Acres of Navel Oranges $ ,l 6 Jacinto Memorial 4.24 Navel Oranges $ t✓ £3 r2.P$.a 6 Judson Grove 9.27 Valencia Oranges 7 University Grove 23.54 4 Acres of Valencia Oranges $ � 16.9 Acres Navel Oranges LIS A03<t 8 Mountain View Grove 13.92 Grapefruit $ 14y,pp 9 Lugonla Grove 18.25 Navel Oranges $ '15$7<S� 10 Mullin Memorial Grove 8.81 4.81 Acres of Valencia Oranges 4 Acres of Grapefruit $ l`tG1,Sd 11 Olive Grove 3.71 Navel Oranges $ — r r�3 �r= 12 Prospect Grove 22.82 Navel Oranges $ y 14 A CIA.cc> 13 Nevada/Palmetio 2 4.9 Navel and Valencia Oranges $ q =�� EACs 14 Riverview Grove 5.94 Navel Oranges $ I t Iss dp 15 Texas Grove 14 7.5 Acres of Valencia Oranges 3.2 Acres of Navel Oran es $ 27,3=1 CO Total Annual lump Sum Amount for All Groves $ 2C 110 jLA2.5Q Bidders Name Here: Lqrt' 1,--,io ; RFS CtOL12212015KG READVERT1SE-Carus Farming Maintenance and Harvest or City Owned Citrus Groves Exhlblt A Continued Per Unit Cost Information is for Additional Services as Required. "As Needed"Actitgiy- Includes alt Materials Unit ofCost Par Unit Measure of Measure Tres Removal Per Trae S ace Root RoMematodefl eal A ais Per Test Tree Replacement PerTree Read Therrn meter-Frost Per Evenl 2cm.cry Start Wind Machine-Frost Per Hour t Gas Wind Machine-Frost Per Hour S .CO Chainsaw Per Hour S .do Mo ©iscin win Per Hour !& rg .e Weed Eater two mart craw Per Hour S -7 15 ,00 i ation Repair Per Hour S25c� Please List Typical Fertilizers Used: 1. CAN Z`1 2- 3. . ...,. a. Loki Urea Please indicate Typical Rate of Spread: 3�16%/al,cre, Please List Typical Pesticides/Herbicides Used: 2. i3Veh . 3.�t3�rii 4. Please Indicate Typical Rate of Spread:--A jCt,*j pW Bidders Name Here: RFB OOL12212015KG REACVERTISE—Citrus Farming Maintenance and Harvest of City Owned Citrus Groves Bid Price Sheet LUMP SUM ANNUAL TOTALS Prices shall include all costs for the services described. AN overhead costs,including,but not limited to,travel,chemicals, equipment maintenance,etc.shall be included in the rate Prices shall remain In effect for the term of the contract or 60 days from the bid opening. Quantities stated below are estimates only,and are not guaanleed. Bid unit prices on the estimated quantity(acres) and unit specified. The City may order more or less than the estimated quantity indicated on bid price shoot. NOTE: Bidders must bid on ALL Hems. Award will be made to the lowest responsive and responsible bidder. Total Annual Lump Sum Bid 'LQIasCssQ12. Total Annual Lump Sum Bid Written In Words: 'nap �Iflndirt--A omix y-eA I ; BIDDERS NAME:--Lar 'rn Low Bid Determination: The low bid will be determined pursuant to Public Contract Code Section 201133.8(a)as the lowest bid price on the base contract without consideration of the process on the additive or deductive Item. If the total price written in words and the total price written in figures are not in agreement, then the total price written in words will be considered as representing the Bidders Intention. RFS CIOL 12212015KG READVER71SE—Citrus Farming Ma ntenance and Harvest at City Owned Citrus Groves EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE ✓ I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code§1861). i affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Larry Jacinto Farming, In . Date: �'19—I Ln By. arry Jac nto r sident 1.k4%djmtAgrrcments%Uny 7adnio Farming Agmmrnt 1 1916.r1ac 7